Robinson v. Nabisco, Inc.

Summary

The Oregon Court of Appeals held that an injury sustained during an independent medical examination related to a compensable workers’ compensation injury is compensable as a consequential condition only if the original injury was the major contributing cause of the new condition. The court distinguished injuries arising directly from medical treatment and affirmed the Workers’ Compensation Board’s upholding of the employer’s partial denial.

Holdings

1. An injury sustained during a carrier-requested independent medical examination is not automatically compensable as a consequential condition merely because the examination was necessitated by a compensable injury.
2. The rule deeming the original compensable injury to be the major contributing cause of an injury directly resulting from reasonable and necessary medical treatment does not extend to an injury sustained during an independent medical examination.
3. Claimant failed to establish that the original compensable injury was the major contributing cause of the consequential herniated disc condition and need for surgery; the Board therefore correctly upheld the employer’s partial denial.

Questions Presented

1. Whether an injury sustained during a carrier-requested independent medical examination is compensable as a consequential condition under ORS 656.005(7)(a)(A) merely because the compensable injury necessitated the examination.
2. Whether the original compensable injury must be the major contributing cause of the consequential condition resulting from an injury sustained during an independent medical examination.
3. Whether the court’s treatment-injury rule from Barrett Business Services v. Hames should be extended to injuries sustained during independent medical examinations.

Disposition

affirmed